BILL NUMBER: AB 803	CHAPTERED  09/30/00

	CHAPTER   1063
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 30, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN SENATE   JUNE 14, 2000
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   APRIL 28, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999
	AMENDED IN ASSEMBLY   APRIL 6, 1999

INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 24, 1999

   An act to amend Section 11836 of the Health and Safety Code, and
to add Section 13352.6 to, and to repeal and add Article 2
(commencing with Section 23502) of Chapter 1 of Division 11.5 of, the
Vehicle Code, relating to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 803, Torlakson.  Vehicles:  driving under the influence:
persons under 21 years of age.
   (1) Existing law makes it unlawful for a person under the age of
21 years who has 0.05% or more, by weight, of alcohol in his or her
blood to drive a vehicle.  Existing law requires any person found to
have violated this provision to participate in an alcohol education
program.
   This bill would require a court to order a person who is at least
18 years of age and has been convicted of a first violation of the
provision specified above to attend, at minimum, the educational
component of a licensed driving-under-the-influence program.  For a
second or subsequent violation, this bill would require the court to
order the person, in addition to any penalties, to attend a licensed
driving-under-the-influence program.
   This bill would, if the department suspends or revokes the driving
privilege of a person convicted of a first violation of the
specified provision and the person was at least 18 years of age at
the time of the violation, prohibit the department from reinstating
that privilege until the department receives proof that the person
has completed, at a minimum, the educational component of the
licensed driving-under-the-influence program, as specified.
   The bill would, if the department suspends or revokes the driving
privilege of a person convicted of a violation of the specified
provision and the person was at least 18 years of age at the time of
the violation and the violation occurs after a conviction of
violating specified provisions, prohibit the department from
reinstating that privilege until the department receives proof that
the person has completed, at a minimum, a 30-hour
driving-under-the-influence program.
   The bill would make other, conforming changes in existing law.
   (2) This bill would incorporate additional changes in Section
11836 of the Health and Safety COde proposed by AB 2227 to be
operative only if both bills are enacted and become effective on or
before January 1, 2001, each bill affects Section 11836 of the Health
and Safety Code, and this bill is enacted last.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11836 of the Health and Safety Code is amended
to read:
   11836.  (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a
driving-under-the-influence program.  As used in this chapter
"program" means any firm, partnership, association, corporation,
local governmental entity, agency or place that has been initially
recommended by the county board of supervisors and that is
subsequently licensed by the department to provide alcohol or drug
recovery services to any of the following:
   (1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13353.4, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
   (2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
   (3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) of Section 23103.5 of the Vehicle Code.
   (4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
   (b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
  SEC. 1.5.  Section 11836 is added to the Health and Safety Code, to
read:
   11836.  (a) The department shall have the sole authority to issue,
deny, suspend, or revoke the license of a
driving-under-the-influence program.  As used in this chapter,
"program" means any firm, partnership, association, corporation,
local governmental entity, agency or place that has been initially
recommended by the county board of supervisors, subject to any
limitation imposed pursuant to subdivisions (c) and (d), and that is
subsequently licensed by the department to provide alcohol or drug
recovery services in that county to any of the following:
   (1) A person whose license to drive has been administratively
suspended or revoked for, or who is convicted of, a violation of
Section 23152 or 23153 of the Vehicle Code, and admitted to a program
pursuant to Section 13352, 13353.4, 23538, 23542, 23548, 23552,
23556, 23562, or 23568 of the Vehicle Code.
   (2) A person who is convicted of a violation of subdivision (b),
(c), (d), or (e) of Section 655 of the Harbors and Navigation Code,
or of Section 655.4 of that code, and admitted to the program
pursuant to Section 668 of that code.
   (3) A person who has pled guilty or nolo contendere to a charge of
a violation of Section 23103 of the Vehicle Code, under the
conditions set forth in subdivision (c) of Section 23103.5 of the
Vehicle Code, and who has been admitted to the program under
subdivision (e) of Section 23103.5 of the Vehicle Code.
   (4) A person whose license has been suspended, revoked, or delayed
due to a violation of Section 23140, and who has been admitted to a
program under Article 2 (commencing with Section 23502) of Chapter 1
of Division 11.5 of the Vehicle Code.
   (b) If a firm, partnership, corporation, association, local
government entity, agency, or place has, or is applying for, more
than one license, the department shall treat each licensed program,
or each program seeking licensure, as belonging to a separate firm,
partnership, corporation, association, local government entity,
agency, or place for the purposes of this chapter.
   (c) For purposes of providing recommendations to the department
pursuant to subdivision (a), a county board of supervisors may limit
its recommendations to those programs that provide services for
persons convicted of a first driving-under-the-influence offense, or
services to those persons convicted of a second or subsequent
driving-under-the-influence offense, or both services.  If a county
board of supervisors fails to provide recommendations, the department
shall determine the program or programs to be licensed in that
county.
   (d) After determining a need, a county board of supervisors may
also place one or more limitations on the services to be provided by
a driving-under-the-influence program or the area the program may
operate within the county, when it initially recommends a program to
the department pursuant to subdivision (a).
   (1) For purposes of this subdivision, a board of supervisors may
restrict a program for those convicted of a first
driving-under-the-influence offense to providing only a three-month
program, or may restrict a program to those convicted of a second or
subsequent driving-under-the-influence offense to providing only an
18-month program, as a condition of its recommendation.
   (2) A board of supervisors may not place any restrictions on a
program that would violate any statute or regulation.
   (3) When recommending a program, if a board of supervisors fails
to place any limitation on a program pursuant to this subdivision,
the department may license that program to provide any
driving-under-the-influence program services that are allowed by law
within that county.
   (4) This subdivision is intended to apply only to the initial
recommendation to the State Department of Alcohol and Drug Programs
for licensure of a program by the county.  It is not intended to
affect any license that has been previously issued by the department
or the renewal of any license for a driving-under-the-influence
program.  In counties where a contract or other written agreement is
currently in effect between the county and a licensed
driving-under-the-influence program operating in that county, this
subdivision is not intended to alter the terms of that relationship
or the renewal of that relationship.
  SEC. 2.  Section 13352.6 is added to the Vehicle Code, to read:
   13352.6.  (a) The department shall immediately suspend the driving
privilege of any person who is 18 years of age or older and is
convicted of a violation of Section 23140, upon receipt of a duly
certified abstract of the record of any court showing that
conviction.  The privilege may not be reinstated until the person
provides the department with proof, satisfactory to the department,
of financial responsibility and of successful completion of a
driving-under-the-influence program licensed under Section 11836 of
the Health and Safety Code.  That attendance shall be as follows:
   (1) If, within seven years of the current violation of Section
23140, the person has not been convicted of a separate violation of
Section 23140, 23152, or 23153, or of Section 23103, with a plea of
guilty under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code, the person shall
complete, at a minimum, the education component of that licensed
driving-under-the-influence program.
   (2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
   (b) For the purposes of this section, enrollment, participation,
and completion of the program shall be subsequent to the date of the
current violation.  No credit for enrollment, participation, or
completion may be given for any program activities completed prior to
the date of the current violation.
  SEC. 3.  Article 2 (commencing with Section 23502) of Chapter 1 of
Division 11.5 of the Vehicle Code is repealed.
  SEC. 4.  Article 2 (commencing with Section 23502) is added to
Chapter 1 of Division 11.5 of the Vehicle Code, to read:

      Article 2.  Penalties for a Violation of Section 23140

   23502.  (a) Notwithstanding any other provision of law, if a
person who is at least 18 years of age is convicted of a first
violation of Section 23140, in addition to any penalties, the court
shall order the person to attend a program licensed under Section
11836 of the Health and Safety Code, subject to a fee schedule
developed under paragraph (2) of subdivision (b) of Section 11837.4
of the Health and Safety Code.
   (b) The attendance in a licensed driving-under-the-influence
program required under subdivision (a) shall be as follows:
   (1) If, within seven years of the current violation of Section
23140, the person has not been convicted of a separate violation of
Section 23140, 23152, or 23153, or of Section 23103, with a plea of
guilty under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code, the person shall
complete, at a minimum, the education component of that licensed
driving-under-the-influence program.
   (2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
   (c) The person's privilege to operate a motor vehicle shall be
suspended by the department as required under Section 13352.6, and
the court shall require the person to surrender his or her driver's
license to the court in accordance with Section 13550.
   (d) The court shall advise the person at the time of sentencing
that the driving privilege will not be restored until the person has
provided the department with proof satisfactory to the department
that the person has successfully completed the driving under the
influence program required under this section.
  SEC. 5.  Section 1.5 of this bill incorporates changes to Section
11836 of the Health and Safety Code proposed by both this bill and AB
2227.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
affects Section 11836 of the Health and Safety Code, and (3) this
bill is enacted after AB 2227 in which case Section 11836 of the
Health and Safety Code, as amended by Section 1 of this bill, shall
not become operative and Section 1.5 of this bill, adding Section
11836 to the Health and Safety Code, shall become operative.
  SEC. 6.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
